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The Crown Court (Confiscation, Restraint and Receivership) Rules 2003
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- 2003 No. 421 (L. 7)
- PART III
- Rule 19
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Application for variation of restraint order by the person who applied for the order
19.—(1) This rule applies where the applicant for a restraint order makes an application under section 42(3) of the Act to the Crown Court to vary the restraint order or any ancillary order made under section 41(7) of the Act (including where the court has already made a restraint order and the applicant is seeking to vary the order in order to restrain further realisable property).
(2) The application may be made without notice if the application is urgent or if there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.
(3) The application must be in writing and must be supported by a witness statement which must—
(a)give the grounds for the application;
(b)where the application is for the inclusion of further realisable property in the order give full details, to the best of the witness’s ability, of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property; and
(c)where the application is made by an accredited financial investigator, include a statement that he has been authorised to make the application under section 68 of the Act.
(4) The application and witness statement must be lodged with the Crown Court.
(5) Except where, under paragraph (2), notice of the application is not required to be served, the application and witness statement must be served on any person who is prohibited from dealing with realisable property by the restraint order at least 2 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.
(6) If the court makes an order for the variation of a restraint order, the applicant must serve copies of the order and of the witness statement made in support of the application on—
(a)the defendant;
(b)any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the variation); and
(c)any other person whom the applicant knows to be affected by the order.
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